PLA2800 Family Law

Divorce

The complete legal severance of the marital relationship

Primary Caretaker

The individual who has taken on the main responsibility for the daily care, rearing, and nurturing of a child

Rehabilitative Alimony

Spousal support that is awarded for a limited period of time to give the spouse the opportunity to become self-sufficient

Spousal Maintenance

A sum of money, or other property, paid by a former spouse to the other former spouse for financial support, pursuant to a court order, temporary or final, in a divorce proceeding; also known as alimony or spousal support

Annulment

a judicial opinion that a valid marriage does not exist or never existed between a person and another party

Attorney's Fees

The amount charged by a lawyer to a client for undertaking his or her case.

Bigamy

marriage to two people at the same time

Blended Families

a termed used to refer to couples marrying for the second time where the family compromises of children from each spouse from a previous marriage or relationship and the children that the couple have had together

Bridge-the-Gap

short-term, lump-sum alimony awarded to a spouse for the purpose of transitioning from married to single status

Canon Law

the church's body of law or rules that determine the man's moral obligations to man, to woman, and to God

Collaborative Lawyering

a form of dispute resolution designated to bring together the respective parties, their attorneys, and other professionals with the goal of reaching an amicable settlement, thus avoiding costly litigation in family court

Escalation Clause

Provides for increases in alimony payments due to the increase of payors income and an increase in the cost of living, obviating the need for the parties to go back to court for modifications; also known as a cost-of-living clause

Legal Separation

An action brought by a spouse who wishes to avoid the legal, social, or religious ramifications of a divorce but nevertheless wishes to live apart from his or her spouse

Massachusetts Alimony Reform Act of 2011

A Massachusetts statute which became effective on March 1, 2012, for the purpose of reforming its alimony statute, taking into account women's increased participation in the workforce

Mediation

A form of alternative dispute resolution, conducted by a neutral person, designed to avoid undue litigation and lessen the emotional trauma involved in a divorce

No-Fault Divorce

one of the parties only had to allege that the marriage has broken down and that there is no hope of reconciliation in order for the court to dissolve a marriage

Putative Spouse

The spouse in a second marriage where the first marriage has not yet been legally dissolved

Voidable Marriage

A marriage that is invalid at its inception but remains in effect unless the court terminates it

Affinity

related by marriage

Alimony in Gross or Alimony in Solido

A support payment made in one single payment; also known as lump sum alimony.

alimony

a sum of money, or other property, paid by a former spouse to the other spouse for financial support, pursuant to a court order, temporary or final, in a divorce proceeding; also known as spousal maintenance or spousal support

Alternative Dispute Resolution (ADR)

A method of resolving disputes between parties without resorting to a trial

Chattel

tangible, movable piece of personal property

Child Support Enforcement Amendments

federal laws passed to enable mothers to collect child support and ease the social welfare burden on the taxpayers

Civil Marriage or Civil Ceremony

a legal status created by a state government when a state official, such as a judge or justice of the peace, performs a ceremony joining two single adults who have met the state's statutory qualifications in a marital union

Civil Union

a separate category of legal recognition that grants same-sex couples marriage rights available to heterosexual couples

Cohabitation

unmarried parties living together as if married

Common Law Marriage

A marriage created without a license or ceremony

Confidentiality Clause

A clause in an agreement where the parties agree not to discuss the details of their relationship with the press

Consanguinity

related by blood

Consolidated Omnibus Budget Reconciliation Act (COBRA)

A federal law that enables a nonemployee spouse to continue his or her health insurance coverage provided by his or her spouse's employer for a period of 3yrs. after a divorce, as long as the nonemployee spouse pays the premium

Cost-of-Living Clause

Provides for increases in the alimony payments due to the increase of payor's income and an increase in the cost of living, which obviates the need for the parties to go back to court for modifications; also known as escalation clause

Covenant Marriage

An alternative type of marriage that can be summarized as requiring premarital counseling, a return to fault-based grounds in order to dissolve the marriage, counseling before going through divorce, the signing of a covenant contract, and longer mandatory waiting periods

Defense of Marriage Act (DOMA)

A federal law passed in response to attempts on the part of gay-rights activists to require states to recognize same-sex marriages; DOMA defines marriage for federal purposes

Dissolution of Marriage

The phrase many jurisdictions use to formally define the complete legal severance of the marital relationship

Domestic Partners

A committed relationship between two persons of the same gender, who reside together and support each other, in a mutually exclusive partnership

Domestic Partnership

A committed relationship between two persons of the same gender, who reside together and support each other, in a mutually exclusive partnership

Durational Alimony

A type of alimony that provides a spouse with financial assistance for a limited period of time following a short- or moderate-term marriage. The length of time of the support cannot exceed the length of the marriage

Ecclesiastical Courts

Courts that had the jurisdiction to hear some matters that could also be heard in the general state courts; however, they had exclusive jurisdiction over all family-related legal matters; also known as church courts

Emancipation

Acquiring adult status; a youth may be emancipated by operation of law - that is, on his or her birthday by reaching the age of majority or by court order at a younger age

Exclusion Jurisdiction

A court's power to hear certain actions of classes to the exclusion of all other courts

Family Counseling

A service that enables couples to evaluate the viability of their marital relationship

Fault

the responsibility for or cause of wrongdoing or failure; the wrongful conduct responsible for the failure or breakdown of a marriage

Infidelity Clause

triggered if one of the spouses commits adultery. Its purpose is to penalize the cheating spouse by affecting the divorce settlement

Marriage Certificate

A document prepared by the official performing the marriage; most jurisdictions require the bride and groom, the person officiating the marriage, and one or two witnesses to sign the marriage certificate after the completion of the ceremony; in some jurisdictions, the marriage certificate is filed with the clerk upon completion of the marriage and in others it is incorporated into the marriage license

Marriage License

A document issued by the county clerk that authorizes a couple to get married

Marriage

A marriage is defined as the joining together of two adult individuals in a civil contract

Married Women's Property Acts

Statutes that eliminated the disadvantages of married women and gave them the right to control their own earnings, bring lawsuits, be sued, own their own property, enter into contracts, and function in a legal capacity

Migratory Divorces

People flocking to a particular jurisdiction to get divorced because of the short divorce residency requirements

Modification of Alimony

The issue of whether spousal support may be either increased or decreased after the original order has been entered due to a substantial change in one spouse's circumstances

No-Fault Divorce Laws

A modification of existing divorce laws to include the ground that the marital union or marital relationship had broken down irretrievably

Nominal Alimony

Alimony in the amount of $1.00 per year; to allow the spouse to preserve his or her right to return to court in the event there is a change in circumstances

Nuclear Family

A term used to refer to the "typical American family", consisting of a mother, father, and their offspring

Palimony

A lawsuit for support filed against a cohabitating partner

Pendent Lite Alimony

Payments made during the pendency of the divorce with the purpose of providing temporary financial support for the spouse; also known as temporary alimony

Periodic Alimony or Alimony in Future

A term applied to court-ordered payments that are to be made to a spouse on a regular basis

Permanent Alimony

The term applied to court-ordered payments that are to be made to a spouse on a regular and periodic basis and that terminate only on the death, remarriage, or cohabitation of the other spouse or on court order

Polygamy

Having multiple spouses

Postnuptial Agreement

An agreement made after the marriage has been performed in which the elements are similar to those of prenuptial agreements

Premarital Agreement

A contract entered into by the prospective spouses regarding their rights during the marriage and in the event of a divorce; also known as an antenuptial agreement

Pro se Litigants

Individuals who represent themselves in legal proceedings

Public Policy

A belief generally held by a majority of the public as to the desirability or rightness or wrongness of certain behavior

Religious Marriage

The religious solemnization of the union of two individuals according to the requirements of the particular faith in question

Second Glance Doctrine

Consideration of what circumstances exist at the time of enforcement of a prenuptial agreement in order to protect spouses from changes in circumstances that occurred since the date of the formation of the prenuptial agreement

Separate Maintenance

An action that affirms the continuation of a marriage and enforces the legal obligations of each spouse in the marriage

Settlement Conference

A meeting with both lawyers and their respective clients with the specific goal of settling the case without court intervention

Settlement

The practice of negotiating areas of disagreement and, through compromise, reaching an agreement to present to the court

Sham or Green Card Marriage

A U.S. citizen agrees to a marriage for monetary compensation

Simplified Divorce Procedure

A form of low-cost divorce enacted by a number of states that is sometimes referred to as summary process or divorce by mutual consent; the parties in these states must appear before the court to dissolve their marriage

Summary Dissolution of Marriage

Simplified procedures for obtaining a divorce in cases where the parties have little or no assets, have no children, were married for a relatively short period of time, and both want the divorce; all that is required in these jurisdictions, if you meet the requirements, is the filing of official documents with the appropriate court without the assistance of attorneys

Transitional Alimony

Short-term, lump-sum alimony awarded to a spouse for the purpose of transitioning from married to single statue

Unconscionable

An agreement that is so unfair to one party that the court will refuse to enforce it

Uniform Premarital Agreement Act (UPAA)

A model act drafted by the National Conference of Commissioners on Uniform State Laws that provides states with model legislation addressing the issues necessary to create a valid premarital agreement

Void ab initio

invalid from its inception

Void Marriage

A marriage that is invalid at the time of its creation

Waiver of Alimony

One or both of the spouses may wish to waive or relinquish their right to ask for alimony

Willful Contempt

When the recipient spouse proves that the payer spouse has the means to make weekly payments but purposefully and deliberately fails to do so